Live: First Witness Called in Megan Boswell Murder Trial | Wjhl

Disclaimer: Some evidence that can appear during the trial may be graphic. News channel 11 briefly stopped the power due to the graphic character of a photo,

Sullivan County, Tenn. (WJHL) – The first day of Megan Boswell’s murder attempt began Wednesday morning in Sullivan County.

Boswell faced several charges in the death of his 15 -month -old daughter Evelyn, who was the subject of an Amber Alert in February 2020. Evelyn was later found dead on a family member’s property in March 2020.

Among Boswell’s charges are two counts of crime of crimes and a counting of first -time murder.

When the court summoned on Wednesday at about 1 p.m. 08.45, prosecutors began by stating that they had to reject counting 18 against Boswell, one of the many counts of false reports against her. Judge Jim Goodwin rejected the charge.

The prosecution then asked that the defense did not provide proof of that number, as it would be Heardays without Boswell’s testimony.

According to the presentation of charges against Boswell, Count 18 claimed that Boswell gave up a false report to Sullivan County — detectives and a Tennessee -Investigation Bureau by claiming that either she or another person rolled over on Evelyn while he was asleep, which resulted in her death.

The court then recovered until 1 p.m. 9 to await the jury.

When the jury arrived, Goodwin accused the jury and explained to the jury what is required of them and how to consider evidence of each charge.

The jury in Boswell’s trial sat on Tuesday. While some are alternatives, 12 will eventually give the verdict.

The jury is also tasked with deciding Boswell’s punishment if she is found guilty of murder.

After Goodwin spoke with the jury, Deputy District Attorney William Harper took the podium and read the presentation of charges against Boswell. Boswell is facing the following charges:

• First degree murder
• 2 counts of crime murder
• Aggravated abuse of children
• Aggravated neglect of children
• Manipulation with evidence
• 11 counts with fake report
• Abuse of a corpse
• Failure to report a death under suspicious, unusual or unnatural circumstances

The presentation claims that one of Boswell’s crime murder was performed “in the commencement of or attempts to commit the crime that worsened crime,” while the other was allegedly performed in committed or attempted worsening neglect of children.

Boswell did not plead guilty to all charges.

Opening declarations began after the jury was indicted and the presentation was read.

Prosecutor’s opening declaration

Aktor Amber Massengill took the podium and said Evelyn Boswell would be about 6 years old if she was alive.

“She failed her in the worst possible way,” Massengill said.

Massengill said the last time Evelyn was seen alive was shortly after her first birthday, and despite concern from other people who asked Boswell where she was, she was not seen since December 6. However, concerns grew without January and February when months went without anyone to see the child.

“The months go by. We’re not talking about weeks, ”Masengill said. “We are talking about two and a half months, the child is missing.”

Massengill claimed that Boswell even made up stories and excuses to the pediatrician’s office about where Evelyn was between the beginning of December and the end of February.

“Over two months later, eventually, Megan Boswell’s father, Tommy Boswell, ultimately put down an ultimatum,” Massengill said.

Tommy Boswell reported that Evelyn was missed on February 18, 2020.

“Megan Boswell never reported his child missed,” Massengill told the jury.

She then told the jury that they will hear a lot about Ethan Perry, who is believed to be Evelyn’s father. Boswell claimed that Evelyn was with Perry in a time as an apology, alleged mass gill; However, Massengill said Perry is actually not Evelyn’s father.

Massengill said Boswell claimed she and Perry were engaged in custody, but there were no documents or cases filed, and Perry served in the army in Louisiana.

As for Evelyn’s body, Massengill said that Boswell knew where Evelyn was: In a trash bin in which Boswell placed her.

“You will hear the proof that there is directly associating one person with this crime, this terrible crime,” Massengill told jurist.

While Evelyn was due, Massengill claimed that Boswell began dating a new girlfriend, went on walks to Gatlinburg and Pigeon Forge and moved in with him.

“Everything while her child is upside down, decays in a trash can,” Massengill said.

According to Massengill, law enforcement ran into action and worked hard and long hours to find Evelyn as soon as Tommy Boswell reported her missing. Instead of coming clean, Massengill said Boswell began to link stories that even went so far as to blame her own mother for Evelyn’s disappearance.

On Tuesday, Boswell’s lawyer, Gene Scott jury, told them they had “a chance” to get it right for Boswell.

“I submit to you that Megan Boswell has already had his chance,” Massengill said. “She was gifted with a beautiful child. A healthy, living little girl. Evelyn was perfect. Megan Boswell already had his chance. Today is Evelyn’s chance. Today is our chance to get it right, not Megan’s. “

Boswell as well as several jury leaders were seen crying during Massengill’s opening declaration.

Massengill said she had no doubt that the state would give sufficient evidence that the jury should judge Boswell.

Prosecutors have stated that they are seeking a punishment for life in prison without triallessness for Boswell if sentenced.

Defense opening declaration

Boswell’s lawyer Gene Scott then went to the podium, but was interrupted when Goodwin asked everyone to stand and called a photographer whose flash went forward. He said if he saw flash again, the photographer would be held in prison for 10 days.

The court then went in a 15-minute recess.

When the court resumed, Scott Evelyn’s death said is tragic, but the state has no evidence of judging Boswell for first -time murder or some of the other charges.

He asked the jury to consider all the possibilities of what could have happened to Evelyn, especially if her death was unintentional, and asked them to put himself in Boswell’s shoes, an 18-year-old mother who had just lost a child.

“I definitely want to call 911, but I’m not 18 years old,” Scott said.

He said the state does not know where Evelyn died and they cannot prove how she died.

Scott then approached why they included a not guilty plea for each count. He first spoke with the many fake report fees.

“Does she lie for the police? Definitely she lied to the police. (We) don’t dispute that, ”he said. Scott said she was worried about getting into trouble, but that doesn’t mean she murdered her child.

Contrary to calls for justice for Evelyn, Scott said the child is gone. He asked the jury to focus on whether Boswell acted criminally.

He also shared the defense’s own attitude towards Tommy Boswell and said it “seemed strange” how he “had an epiphany” about where to look for Evelyn on his property.

Scott called the disposal of Evelyn’s body “immature”.

First witness

The state called Brian Fraley, a special agent at the Tennessee Bureau of Investigation (TBI) as its first witness. Fraley has been an investigator at TBI for 19 years.

During his testimony, Fraley said he was called to help with the search for Evelyn. He said he and other agents were called to help Sullivan County Sheriff’s Office (SCSO) in the search for the missing child. TBI issued Amber Alert for Evelyn.

Fraley said that once a full -blown Amber Alert was issued, the Federal Bureau of Investigation (FBI) was also involved in the case. The FBI has a team that specializes in abductions and kidnappings used in the multi-agent search.

“Megan Boswell made statements to a large number of investigators, including me,” Fraley said.

When asked if she gave Fraley, different stories about where Evelyn was, he said yes.

Eighteen days after the initial missing personal report, Fraley said Tommy Boswell called the authorities. On March 6, a Friday, Fraley said investigators had exhausted resources and needed a break. But when the call was received, Fraley and other investigators, they replied.

Scott made an objection, his second after a former for speculation, the lawyers turned to Goodwin’s stand.

Fraley then resumed testimony and described the answer on March 6 to Tommy Boswell’s property on Muddy Creek Road. He was asked to identify a document, a hand -drawn sketch of an aerial photo of Tommy Boswell’s property. Fraley said the sketch was exactly in his layout of the property and the sketch was entered into proof of the jury.

When the sketch was set up on a screen, Fraley described what buildings were on Tommy Boswell’s property.

He drew attention to a playhouse where he said Evelyn Boswell’s body was found. When asked by prosecutors, he also said that boxes of a child’s belongings were found in an outbuilding on the property.

Fraley identified a number of images of the property, some of which contained objects recovered by investigators. These photos were also included in evidence.

A photo of Tommy Boswell’s property was posted on screen for the jury, and Fraley identified structures and objects that were seen. The properties included a yard child or shed, the playhouse and a building described to him as Tommy Boswell’s mother’s home.

Fraley then said they were led to searching in playhouse in which they found a trash can with two bags of trash can next to it.

Harper provided Fraley with several photos that Fraley identified as pictures taken from the playhouse and the Recycle Bin, as well as different things inside the playhouse. Fraley said the other objects inside the playhouse seemed to have been there longer than the trash and bags, based on cobwebs and dust on them.

According to Fraley, the last photo includes the leg of a baby inside the Recycle Bin, wearing what he said matched the description of Evelyn’s clothes. At that time, they noticed that Fraley said the investigators then called their agencies to say they had found her.

These photos were entered into evidence and shown on screen for the jury. Fraley described each of the images and their contents to the jury after the behavior of the state.

Due to the graphic nature of one of the images, the News Channel stopped 11 cards the current.

Fraley said a body bag was then placed on the toy’s porch and he brought the trash out. The contents of the trash were removed and placed on the bag with a forensic team.

Fraley confirmed that he was the one who removed Evelyn’s body from the Recycle Bin.